North Carolina Court of Appeals

Plaintiff and Defendant were married in 1998 but entered into a separation agreement in 2007.  Plaintiff and Defendant were living together.  They were discussing work that needed to be done around the house when defendant husband requested that the wife look at the door sweep.  The wife bent down to look and subsequently could not recall anything that took place until she woke up around 3:00 am and found herself in bed with a “terrible headache” and extreme nausea.  Defendant told her that she had had a seizure and had hit her head.  She went to the hospital. 

Plaintiff and defendant were engaged and had one child.  The trial court entered a protective order due to plaintiff’s allegation that defendant hit her during a visitation exchange.  Plaintiff had a visitation exchange of infant son with defendant at plaintiff’s parents’ house.  Plaintiff’s father carried their infant son towards his house.  Defendant allegedly punched and kicked plaintiff’s father.  When plaintiff tried to pull him away, he threw her into the railing.  The court found that the trial court’s finding was supported by competent evidence, and was